Unless otherwise specified elsewhere in this chapter, the regulations contained in this Article XII of this chapter shall apply to all uses within Paxtang Borough.
In all zoning districts, accessory buildings and/or similar
structures, including but not limited to detached garages, carports,
barns, storage buildings, sheds, garden structures, etc., are permitted,
subject to the following criteria:
A.
Accessory buildings and similar structures shall not be erected,
set, placed or otherwise permitted to be constructed upon a lot until
the construction of the principal use has actually begun, except as
provided in this subsection and elsewhere in this chapter.
B.
Accessory buildings and similar structures shall be located no closer
than five feet to the closest point of any exterior wall of the principal
building on the same lot; otherwise they shall be attached to the
principal building and shall be considered as part of that principal
building.
C.
Accessory buildings and similar structures shall comply with the
yard, setback and other dimensional requirements of the applicable
zoning district relating to accessory buildings and similar structures,
except as otherwise provided for in this section.
(1)
For accessory buildings and similar structures located in the residential
districts and mixed use districts on a lot with a residential use
upon it:
(a)
No more than two accessory buildings or similar structures may
be located on a lot used for single-family dwellings and two-family
dwellings.
(b)
The gross floor area for all accessory buildings and similar
structures shall not exceed 50% of the gross floor area of the principal
building.
(c)
Accessory buildings and similar structures that are less than
15 feet in height, have a building footprint of less than 100 square
feet, and which are not located upon a permanent foundation, shall
be set back at least one foot from any lot line.
(d)
When a private garage, carport and other similar enclosed structure
that is designed for the parking and/or storage of motor vehicles
abuts and has direct access to an alley, such structures shall be
set back at least five feet from the alley right-of-way or 15 feet
from the center line of the alley, whichever is greater.
(e)
For lots containing single-family semidetached dwellings and/or
single-family attached dwellings, accessory buildings and similar
structures may be attached to similar accessory buildings and similar
structures on abutting lots and may have the same side setback as
the principal building at the shared lot line, provided the owner
of the abutting lot and building provides notarized, written consent.
(f)
Accessory buildings and similar structures that can be described
as "children's swing sets," "children's play equipment," "tree houses"
and "play houses" shall be set back at least one foot from any lot
line.
(2)
The total building footprint of all accessory buildings or similar
structures on a lot shall not exceed the building footprint of the
principal structure on the same lot.
In all zoning districts, all uses (as applicable) shall comply
with Borough building, health, housing, rental, safety, property and
other applicable local, county, state and federal code and licensing
requirements. All such licenses, certificates and permits shall have
been obtained and presented to the Borough, or shall be a condition
of approval.
A.
Accessory solar energy systems.
(1)
In all zoning districts, accessory solar energy systems are permitted,
subject to the following criteria:
(a)
The design and installation of solar energy systems shall conform to Chapter 160 of this Code, relating to buildings, and with all other applicable Borough electrical, fire, life safety, and other similar standards.
(b)
The design and installation of solar energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories, the
American Society for Testing and Materials (ASTM), or other similar
certifying organizations. The manufacturer's specifications shall
be submitted as part of the application.
(c)
All solar energy systems shall be designed and located to ensure
solar access without reliance on or interference from adjacent properties.
(d)
All solar energy systems shall be designed and located to prevent
reflective glare toward any inhabited structure on adjacent properties
as well as adjacent street rights-of-way.
(e)
All on-site utility and transmission lines that are part of
the solar energy system shall, to the maximum extent feasible, be
placed underground.
(f)
All solar energy systems shall, to the maximum extent feasible,
be inconspicuously sited when viewed from adjacent street rights-of-way.
(g)
All solar energy systems shall, to the maximum extent feasible,
be sited so that tree removal is not required. If any trees are to
be removed, the applicant shall submit a plan demonstrating the need
to remove trees and a plan for the replacement of the trees.
(h)
Roof- and wall-mounted solar energy systems shall be sited in
accordance with the following:
[1]
Solar energy systems located on the roof of any structure shall
not extend beyond the existing overhangs of the structure's roof.
[2]
Solar energy systems located on a pitched roof of any structure
shall not extend vertically above the highest point (peak) of the
pitched roof of the structure, as viewed from the lot line.
[3]
Solar energy systems located on a roof of any structure shall
be the same slope as, or parallel to, the pitched roof.
[4]
Solar energy systems located on a flat roof shall not exceed
15 feet in height above the height of the roof. In all zoning districts,
such facilities shall be screened by parapets, walls, fences or other
approved means as viewed from the lot line, except for the general
business districts.
[5]
All solar energy systems mounted on roofs and walls of any structure
shall be subject to the maximum height regulations specified within
the applicable zoning district.
[6]
No solar energy system shall be attached to, or sited along,
the front facade (wall) or front building line of any principal building.
(i)
If the solar energy system is unable to be located on a roof
or a wall of a structure as is preferred, then placement of freestanding,
ground-mounted solar energy systems shall be provided in accordance
with the following:
[1]
In addition to any yard and setback requirements set forth in
this section, all freestanding, ground-mounted solar energy systems
shall comply with all yard and setback requirements for accessory
structures in the applicable zoning district.
[2]
All freestanding, ground-mounted solar energy systems shall
be set back from all property lines and street rights-of-way a distance
equal to the total height of the solar energy system.
[3]
Freestanding, ground-mounted solar energy systems shall not
exceed 15 feet in height.
[4]
For purposes of determining the maximum surface area of all
freestanding, ground-mounted solar energy systems, the maximum surface
area shall be considered the total surface area of the cumulative
solar panels; where two or more panels are grouped together, the total
dimensions (length and width) of each panel, array, cell, etc., shall
be the cumulative dimension of the panels. The maximum surface area
of all freestanding, ground-mounted solar energy systems on any lot
in:
(j)
All applications for solar energy systems shall include the information required for a site plan approval pursuant to Article XVII of this chapter relating to applications for zoning permits; in addition, the applicant shall submit:
[1]
A completed glare study ensuring that reflective glare is not
directed towards nor upon any adjacent properties or adjacent street
rights-of-way. The glare study shall include:
[a]
Angle of the solar energy system panels, arrays,
cells, etc., at the location;
[b]
A diagram showing the maximum and minimum angles
of reflective glare from the solar energy system panels, arrays, cells,
etc., at the location and the relationship of that glare to adjacent
properties, structures and rights-of-way; and
[c]
Mitigation plan that limits or eliminates reflective
glare on adjacent properties, structures and rights-of-way.
[2]
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the proposed installation of the solar energy system will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy system, and applicable requirements of Chapter 160 of this Code, relating to buildings; and
[3]
Confirmation that the public utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
(k)
Prior to the issuance of a permit for the installation of a
solar energy system, the applicant shall provide the Zoning Officer
with written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
B.
Accessory wind energy systems.
(1)
In all zoning districts, accessory wind energy systems are permitted,
subject to the following criteria:
(a)
The design and installation of wind energy systems shall conform to Chapter 160 of this Code, relating to buildings, and with all other applicable Borough electrical, fire, life safety, and other similar standards.
(b)
The design and installation of all wind energy systems shall
conform to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories, Det
Norske Veritas, Germanischer Lloyd Wind Energies, the American Society
for Testing and Materials (ASTM), or other similar certifying organizations,
or as approved under an emerging technology program such as the California
Energy Commission, International Electrotechnical Commission, or any
other wind certification program recognized by the American Wind Energy
Association (AWEA) or the U.S. Department of Energy. The manufacturer's
specifications shall be submitted as part of the application.
(c)
All on-site utility and transmission lines as part of the wind
energy system shall, to the extent feasible, be placed underground.
(d)
All wind turbines shall have a flat finish and nonobtrusive
color, such as white, off-white or gray, as applied by the manufacturer
in order to reduce the visual impact to the extent feasible.
(e)
All wind turbine towers shall be painted silver or have a galvanized
finish retained in order to reduce the visual impact to the extent
feasible. Towers may be painted green or brown up the height of nearby
trees.
(f)
All wind energy systems shall be equipped with manual —
electronic or mechanical — and automatic over-speed controls
to limit the blade rotation speed to within the design limits of the
wind energy system.
(g)
Wind energy systems shall not be installed in any location where
they would interfere with existing fixed broadcast, retransmission
or reception antenna. This includes interference with residential
radio, television or wireless phone, or other personal communication
system reception. No wind energy system shall be installed in any
location along the major axis of an existing microwave communication
link where its operation is likely to produce electromagnetic interference
in the link's operation.
(h)
All wind energy systems shall, to the extent feasible, be sited
to prevent shadow flicker on any adjacent properties as well as any
adjacent street rights-of-way.
(i)
Noise from wind turbines shall comply with Article XII of this chapter relating to performance standards for all uses. The maximum decibel level may be exceeded during short-term events such as utility outages and/or severe wind storms.
(j)
In addition to any yard and setback requirements set forth in
this section, all wind energy system shall comply with the yard and
setback requirements for accessory structures in the applicable zoning
district.
(k)
Wind turbines shall be set back a distance equal to the total
height of the wind turbine from all property lines, streets and other
rights-of-way, and overhead utility lines.
(l)
The maximum height of wind energy systems shall comply with
the following:
[1]
For all roof-mounted wind turbines, the height of the wind turbine
shall not exceed the height of the existing building by more than
15 feet.
[2]
For lots less than 1/2 acre in area, wind turbines shall be
roof-mounted. The maximum rotor diameter for wind turbines shall be
six feet.
[3]
For lots between 1/2 acre but less than one acre, the wind turbines
may be sited on wind turbine towers, the turbine height shall be limited
to 75 feet or 20 feet above the tree line, whichever is lower.
[4]
For lots greater than or equal to one acre, wind turbines may
be sited on wind turbine towers, the turbine height shall be limited
to 120 feet or 40 feet above the tree line, whichever is lower.
[5]
The maximum height of any wind turbine in the general business
districts, regardless of lot area, shall be 140 feet.
(m)
For all wind energy systems not otherwise mounted on a roof,
unauthorized access to the turbine and tower shall be prevented by
design, with a minimum of 12 feet from the ground to the bottom of
the ladder. All doors to the turbine and tower shall be locked.
(n)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground. If the wind turbine proposed is
a vertical axis wind turbine (also referred to as a "helix type" turbine
or VAT), the height between the lowest point of the turbine and the
ground may be reduced to eight feet.
(o)
Wind energy systems shall not be lighted, except to comply with
applicable Federal Aviation Administration (FAA) regulations.
(p)
No portion of any wind energy system shall extend over parking
areas, access drives, driveways or sidewalks.
(q)
Wind energy systems shall not display advertising, except for
reasonable identification of the wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
(r)
When an accessory building or structure is necessary for storage
cells or related mechanical equipment, the accessory building shall
comply with the accessory building and structure requirements specified
within the applicable zoning district.
(s)
All applications for wind energy systems shall include the information required for a site plan approval pursuant to Article XVII of this chapter relating to applications for zoning permits. In addition, the applicant shall submit:
[1]
A plot/site plan, showing:
[a]
Property lines and physical dimensions of all areas
of the subject property that are within a distance equal to two times
the total height of the wind energy system.
[b]
Location, dimensions and types of existing principal
and accessory structures on the property.
[c]
Location of the proposed wind energy system tower,
foundations, guy anchors and associated equipment.
[d]
The rights-of-way of any public street abutting
the property.
[e]
Any overhead utility lines.
[2]
Wind energy systems system specifications, including manufacturer
and model, rotor diameter, tower height and tower type — freestanding
or guyed.
[3]
Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of Chapter 160 of this Code, relating to buildings. A copy of the foundation analysis shall also be provided.
(t)
Prior to the issuance of a permit for the installation of a
wind energy system, the applicant shall provide the Zoning Officer
with written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator and also approves of such connection. Off-grid systems shall
be exempt from this requirement.
In all zoning districts, for uses other than single-family detached
dwellings, single-family semidetached dwellings and two-family dwellings,
appurtenant service structures and areas such as solid waste, trash
and refuse containers; recycling containers; propane tanks; air-conditioning
units and condensers, except window units; generators; electrical
transformers; and other similar appurtenant equipment or elements
providing essential services to a building or lot, are permitted,
subject to the following criteria:
A.
Appurtenant service equipment, structures and areas such as solid
waste, trash and refuse containers and recycling containers; propane
tanks; air-conditioning units and condensers, except window units;
generators; electrical transformers and other similar appurtenant
equipment or elements providing essential services to a building or
lot, shall not be located:
(1)
In the front yard between the principal building and the public street,
excluding alleys, or within any required front setback in the residential
districts and mixed use districts;
(2)
In any required accessory use or structure setback, excluding those
lot lines abutting any alley, or a required buffer yard;
(3)
In any area of a parking lot that causes obstructed access to designated
parking spaces; nor
(4)
Within 10 feet of abutting property in the residential districts
or an existing residential use in the mixed use districts.
B.
In addition to the following requirements, all service structures and areas shall be screened on all sides with a minimum of 100% opacity in accordance with Article XII of this chapter relating to buffer and screening regulations.
(1)
Required screening shall enclose any service structure on all sides
unless such structure shall be frequently moved, in which case screening
on all but one side is required.
(2)
Fencing, if erected, shall be constructed of the same color and material
as the principal building of a lot, but may be a decorative masonry
wall, excluding exposed cinder block. If solid weather-resistant wood
or material of similar appearance (e.g., white vinyl vertical planks)
is used, vegetative screen planting shall also be provided. The fence
or wall shall include a self-latching door or gate. In no case shall
chain link material or pattern fencing be used for screening.
(3)
The average height of the screening shall be one foot more than the
height of the enclosed structure but shall not be required to exceed
eight feet in height unless specified otherwise by this chapter.
(4)
When a service structure is located adjacent to a building wall,
perimeter landscaping material may fulfill the screening requirements
for that side of the service structure if that wall or screening material
is of an average height sufficient to meet the height requirement
set forth in this section.
(5)
Although service structures may be screened by plant material, such
plant material may not count towards the fulfillment of any required
landscaping.
(6)
Whenever screening material is placed around any solid waste or trash
disposal unit that is emptied or removed mechanically on a regular
basis, a fixed barrier (e.g., mounted metal brackets) to contain the
placement of the container shall be provided within the screening
on those sides where there is such material. The barrier shall be
at least 18 inches from the screening and shall be of sufficient strength
to prevent possible damage to the screening when the container is
moved. The minimum front opening of the screening shall be 12 feet
to allow service vehicles access to the container.
C.
Nonresidential kitchen windows capable of being opened and ventilation
equipment outlets and other similar equipment associated with food
service, restaurants, taverns/bars and other similar food and drink
service uses shall not be located or oriented directly toward any
abutting property in the residential districts or existing residential
use in the mixed use districts.
D.
All ventilation equipment outlets, fume collection, and other similar
equipment associated with any nonresidential service/repair work area(s)
and/or service/repair bay doors/openings for nonresidential uses shall
not be located or oriented directly toward any abutting property in
the residential districts or existing residential use in the mixed
use districts.
E.
For all nonresidential uses, mixed uses and multifamily dwelling
uses in the residential districts and mixed use districts, all rooftop-mounted
equipment and other similar appurtenances, such as stairwells, air-conditioning
units, large vents, heat pumps and mechanical equipment shall, to
the maximum extent feasible, be inconspicuously sited on the roof,
screened via use of parapets, walls, fences, landscaping or other
approved screening, or integrated to be within the roof form, so as
to not be viewed from adjacent street rights-of-way, excluding alleys.
When fencing is proposed to be used as a rooftop equipment screen,
it shall be designed to be architecturally compatible with the principal
building, including design, material, and colors.
F.
The locations of all service structures and screening shall be shown
on all site plans and land development plans submitted to the Borough.
G.
This section shall not apply to dumpsters temporarily placed during
actual construction or demolition on the premises.
In all zoning districts, buffering and screening shall be provided,
subject to the following criteria:
A.
Required buffer yards and screening shall be provided on a lot proposed
for development of nonresidential uses, mixed uses and/or higher-density
residential dwelling types and extend the entire length of the lot
line abutting the residential district and/or lower density/intensity
residential dwelling lots. See Table 12-1 in this section for required
minimum buffer yard widths and required minimum screening opacity:
|
Table 12-1
Required Buffer Yards and Screening
| ||||
|---|---|---|---|---|
|
Where Permitted
|
Abutting
|
Minimum Required Buffer Yard Width
|
Minimum Required Opacity of Screening
| |
|
Nonresidential uses in the general business districts
|
Residential zoning districts or a lot with an existing residential
use
|
35 feet
|
80%
| |
|
Nonresidential uses in the residential districts
|
A lot with an existing lower density residential-dwelling-type
use
|
25 feet
|
90%
| |
|
Higher density residential dwelling types, including mobile/manufactured
home parks, except as provided in this table below
|
A lot with an existing lower density residential dwelling type
use (e.g., 3-dwelling-unit apartment abuts a single-family detached
dwelling)
|
15 feet
|
90%
| |
|
Nonresidential uses or higher density residential dwelling types
in the mixed use districts*
|
A lot with an existing lower density residential-dwelling-type
use*
|
5 feet*
|
90%*
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Where an existing or former residential building is being proposed
for reuse for a permitted nonresidential use, and where there is insufficient
distance between said building and the abutting lot line to achieve
the required buffer yard, there shall be no buffer yard required for
the area of the lot where said building is located, as long as screening
with no less than 100% opacity is provided in the area of the lot
where said building is located. Remaining portions of the lot shall
comply with the buffer yard and screening requirements provided for
elsewhere in this section.
| |
B.
No buffer yard shall be required for a nonresidential use, mixed
use or higher density residential-dwelling-type uses in the mixed
use districts that are separated from the mixed use districts and/or
existing lower density residential-dwelling-type lots by a public
street right-of-way, excluding alleys.
C.
All required buffer yard areas shall be planted and maintained with
vegetative cover and living material, as well as any required screening,
and kept free of:
D.
Signs shall be permitted in a buffer yard that abuts a street right-of-way
line.
E.
Stormwater management facilities and structures may be maintained
within a buffer yard, but the existence of such facilities or structures
shall not be a basis for a failure to meet the screening requirements.
F.
Buffer yards may be crossed by access drives, driveways, sidewalks
or easements with a maximum width of 35 feet, provided the center
line of the access drive, driveway, sidewalk or easement crosses the
lot line and buffer yard at not less than 75°; however, no turning
or maneuvering of vehicles shall be permitted in the buffer yard area.
G.
Buffer yards may be located within any required setback or yard.
H.
Screen plantings. Where screen plantings are provided in buffer yards,
said screen plantings shall be located in the exterior portion of
the required buffer yards and shall be evenly spaced extending the
length of the lot line in accordance with the following:
(1)
Plant materials used in screen plantings shall be of such species
as will produce, within two years, a year-round visual screen in accordance
with the standards set forth in Table 12-2 below:
|
Table 12-2
Required Screen Planting Materials
| ||||
|---|---|---|---|---|
|
Description
|
Minimum Height - Measured from Finished Grade
|
Minimum Distance - Measured on Center
|
Minimum/Maximum Percentage Mix of Plant Materials Used
as Required Screening
| |
|
Deciduous trees*
|
6 feet
|
6 feet
|
10%/20%
| |
|
Evergreen trees
|
6 feet
|
6 feet
|
15%/25%
| |
|
Shrubs
| ||||
|
Deciduous shrubs
|
4 feet
|
3 feet
|
25%/35%
| |
|
Evergreen shrubs
|
4 feet
|
3 feet
|
30%/40%
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Deciduous trees that are used in the planting of a buffer yard and elsewhere on the lot shall be in accordance with those identified within Chapters 370, relating to subdivision and land development, and 392, relating to shade trees.
| |
(2)
Screen plantings shall be maintained permanently in a healthy condition.
Any screen plantings that die or are severely damaged shall be replaced
by the current property owner as soon as practical considering growing
seasons, within a maximum of 150 days.
(3)
Screen plantings shall be placed so that at maturity they will be
located not closer than two feet from any street right-of-way line
or property line.
(4)
In order to aid surveillance and minimize the potential for crime, screen plantings shall also be sited, massed and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development to the maximum extent feasible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear-sight triangle in accordance with Article XIV in this chapter, relating to driveways and access drives, shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
(5)
Screening plantings shall be interrupted only at:
(6)
Trees that are used in the planting of a buffer yard and elsewhere on the lot shall be in accordance with those identified within Chapters 370, relating to subdivision and land development, and 392, relating to shade trees.
(a)
If more than 20 evergreen plants are proposed, no more than
50% shall be of one species.
(7)
Screen plantings shall be provided between the lot line and any off-street
parking area, loading area and any outdoor solid waste storage and
refuse area for any nonresidential use, multifamily dwelling use,
mobile/manufactured home park, single-family attached use and/or mixed
use where the parking or solid waste storage and refuse area abuts
property in the residential districts or a lot occupied by a single-family
dwelling use or two-family dwelling use in the mixed use district.
I.
Fences and walls as screening.
(1)
Each buffer yard may include fences and walls which shall be located
in the interior portion of the required buffer yards that extend the
length of the lot line in accordance with the following:
(a)
Fences and walls shall comprise no more than 60% of any required
screening.
(b)
Fences and walls that are placed in a buffer yard shall be located
between the principal use and related accessory use and any required
screen plantings.
(c)
Concrete and/or other similar block walls shall be painted or
have decorative colors on all sides.
J.
Berms as screening.
(1)
Each buffer yard may include berms in accordance with the following
requirement:
(a)
Berms shall be constructed with slopes not to exceed 33%, with
side slopes designed and planted in such a manner so as to prevent
erosion and stormwater runoff, and with rounded top surfaces that
are a minimum of two feet in width at the highest points of the berms,
extending the length of the berms.
(b)
The top of berms shall be planted with screen plantings.
K.
Existing vegetation. Each buffer yard may include existing vegetative
plantings, including trees, shrubs and ground cover, retained and
maintained so as to contribute to screening and buffering requirements.
Figure 12.1 Buffer and Screening Example
|
Figure 12.2 Buffer and Screening Example
|
In all zoning districts, bus/transit shelters are permitted,
subject to the following criteria:
A.
Bus/transit shelters may be located within any required yard or setback.
B.
Only the following signs shall be permitted:
C.
The location of a bus/transit shelter shall not interfere with pedestrian traffic along a sidewalk and shall not be located within a clear-sight triangle as set forth in Article XIV of this chapter relating to driveways and access drives.
D.
There shall be a legally binding commitment provided by a responsible
entity to properly maintain the bus/transit shelter and to remove
the shelter if it is not needed in the future or if it is not properly
maintained.
E.
Bus/transit shelters shall be durably constructed and shall be covered
by a roof. For security and safety purposes, the majority of the side
and rear walls of the bus/transit shelter shall be constructed of
a clear, shatter-resistant material.
In all zoning districts, crops/gardening is permitted, subject
to the following criteria:
A.
The use may include the sale of harvestable products but limited
to those grown on site.
B.
Crops/gardening is not subject to yard or setback requirements but
shall be located completely within the property boundary, and no part
may coincide with any property line.
C.
All related accessory structures shall comply with requirements of
this chapter, including the requirements for accessory structures
in the applicable zoning district.
In all zoning districts, essential services are permitted as needed to provide service to lots, structures, and buildings. See also Article XII of this chapter relating to appurtenant service equipment screening and location for nonresidential and other uses.
In all zoning districts, fences and walls are permitted, subject
to the following criteria:
A.
Fences and walls shall be set back a minimum of one foot outside
any right-of-way or from any lot line or sidewalk, whichever is greater.
B.
Fences and walls shall be durably constructed and well-maintained.
Fences and walls that have deteriorated parts and materials shall
be replaced or removed.
C.
No fence or wall shall obstruct the clear-sight triangle requirements set forth in Article XIV of this chapter relating to driveways and access drives.
D.
No fence or wall shall be erected in a street right-of-way or other
rights-of-way or easements, including public or private drainage,
utility or access easements, unless otherwise required by this chapter
and/or any other chapter in the Code of the Borough of Paxtang.
E.
Fences and walls, in addition to the applicable standards provided in Article XII of this chapter relating to fences and walls, shall also comply with the following:
(1)
Except as otherwise provided in this subsection, fences and walls
shall not be permitted to be located in the front yard between the
principal building and the street, excluding alleys, in the residential
and mixed use districts:
(a)
For corner lots, fences and walls shall be permitted to be located
between the principal building and the street, excluding alleys, in
secondary front yards, which shall:
[1]
Be an open-type of fence (e.g., picket, metal post, wrought
iron or split rail) with a minimum of 50% open area to 50% structural
area.
[2]
Not exceed 3 1/2 feet in height; but the height of any
fence or wall may exceed 3 1/2 feet by one additional foot for
each two additional feet by which the fence or wall is set back behind
the principal building's front facade or building line.
[3]
Not be constructed of chain link material or pattern. Fences
shall not be constructed of corrugated metal, corrugated fiberglass
or sheet metal. Fences are encouraged to be constructed using weather-resistant
wood, vinyl materials that resemble wood, or vinyl materials that
resemble historic-style metal post fences.
(2)
Fences and walls that are located within the residential or mixed
use districts or upon a lot with a residential use upon it shall not
exceed six feet in height along the side and rear lot lines.
(3)
Fences within the other zoning districts shall not exceed 12 feet
in height.
(4)
Any fence or wall exceeding six feet in height shall comply with Chapter 160 of this Code, relating to buildings.
(5)
Structural posts of a fence shall not extend more than six inches
above the height of the fence.
(6)
Unless required for security purposes, no fence or wall shall be
constructed of barbed wire, razor or other sharp components capable
of causing injury, and only then if the portion of the fence containing
barbed wire, razor or other sharp components capable of causing injury
is not lower than six feet above the average surrounding ground level.
(7)
No fence or wall shall be constructed out of fabric, junk, inoperable
vehicles, appliances, tanks or barrels.
(8)
If one side of a fence or wall includes posts and supports/framework
that clearly are not designed and integrated as a decorative feature
of the fence, or if one side of a fence or wall does not match design
patterns of the opposite side, then the side of the fence including
the supports/framework shall be placed to face toward the interior
of the lot upon which is located, as opposed to the side of the fence
which faces a street or abutting lots.
(9)
If a fence or wall is "finished" only on one side, the finished side
shall be placed and face outward away from or toward the exterior
of the lot or parcel upon which it is located as opposed to facing
toward the interior of the lot.
(10)
Brick may be used for posts or as a base for a fence or wall,
provided the maximum fence or wall height for the fence or wall portion
is not exceeded.
F.
Walls, in addition to the applicable standards provided in this subsection,
shall also comply with the following standards:
(1)
Engineered retaining walls necessary to hold back slopes are exempt
from the regulations of this section and are permitted by right as
needed in all zoning districts.
(2)
Walls that are structurally part of a building shall be regulated
as part of that building.
(3)
Concrete and/or similar other block walls shall be of a decorative
nature, painted or have decorative colors and/or materials on all
sides that face outward away from or toward the exterior of the lot
or parcel upon which they are located, as opposed to facing toward
the interior of the lot.
G.
One arbor, awning, canopy, trellis or similar decorative garden structure not exceeding 10 feet in height and four feet in width shall be permitted within the front yard, provided that it is not within a clear-sight triangle as required in Article XIV of this chapter relating to driveways and access drives.
A.
In all zoning districts, the height exceptions and alterations shall
apply.
(1)
Height regulations shall not apply to the following structures, provided the structures do not exceed the height limitations of the zoning district for which they are located by more than 15 feet: penthouses, including those not intended for human occupancy; skylights; steeples of places of worship; antennas, excluding communications antennas as set forth in Article XVI of this chapter relating to communications antenna, tower and equipment building transmitting and receiving facility; flagpoles; spires; belfries; cupolas; domes; chimneys; ventilators; water tanks; bulkheads; utility poles and towers; clock towers and bell towers; elevator shafts; mechanical equipment or other appurtenances usually required to be and customarily placed above roof level and not intended for human occupancy.
B.
Height regulations shall not apply to the following structures, provided
the structures comply with the specific height regulations for the
use set forth in this chapter:
(1)
Communication antennas and towers as set forth in Article XVI of this chapter relating to communications antenna, tower and equipment building transmitting and receiving facility.
C.
The height of any principal structure may exceed the maximum permitted
height requirements by one additional foot for every one additional
foot that the width of each yard exceeds the required yard and setback
regulations for principal structures within the applicable zoning
district.
In all zoning districts, the hours of operation and management
of activities of proposed nonresidential uses and mixed-use developments
shall be appropriately scheduled, operated and maintained to protect
the existing neighborhood and residential uses from detrimental noise,
disturbance or interruption. An "hours of operations and management
plan" shall include the following, unless the Zoning Officer determines
such information is unnecessary to determine compliance with this
section:
A.
Address of the premises of proposed use, including tax parcel identification
number.
B.
Name and general and specific type of the proposed use (e.g., commercial
use, retail sales).
C.
Name and related contact information of the owner, on-site manager,
and/or other authorized agent of the proposed use and the lot (e.g.,
telephone number, e-mail address, etc.).
D.
The nature of the on-site activities and operations involved in the
proposed use (e.g., the type of products, materials, equipment and/or
processes, etc.).
E.
Advertising associated with the proposed use, as applicable.
F.
Estimated number of employees, patrons and/or occupants, including
per shift and maximum permitted occupancy, as applicable.
G.
The gross floor area of the building(s) and gross area of the lot
devoted to the proposed use.
H.
Estimated amount of sales from the proposed use, as applicable.
I.
General description of the land uses adjacent to the property and
on the same block.
J.
Intended market area/service area of the proposed use, as applicable.
K.
Vehicles and traffic associated with the proposed use (e.g., employees
and customers/occupants, deliveries, loading, etc.).
L.
Hours and days the proposed use will be open and/or operating, including
any expected special events, as applicable.
M.
The disposal of materials will be accomplished in a manner that complies with Borough, state and federal regulations, including but not limited to those listed in Article XII of this chapter relating to nonresidential and other uses waste handling requirements.
N.
A discussion of any possible impacts and/or problems the proposed use may cause (e.g., traffic, odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts/problems. The applicant shall further furnish evidence that the impacts generated by the proposed use will be within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in Article XII of this chapter relating to performance standards for all uses.
In all zoning districts, landscaping and vegetation shall be
subject to the following criteria:
A.
Any part of a lot which is not used for structures, buildings, access
drives, driveways, loading areas, parking spaces and aisles, sidewalks
and designated storage areas, other structures or hardscaping shall
be provided with an all-season, well-maintained ground cover, including
grass, trees and shrubs.
B.
In order to aid surveillance and minimize the potential for crime, plantings shall be sited, massed and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development to the maximum extent feasible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear-sight triangle as required in Article XIV of this chapter relating to driveways and access drives shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
C.
Vegetation.
(1)
Preservation. Existing vegetation preservation is governed by the standards in this section and the provisions of the Pennsylvania Municipalities Planning Code. The removal of trees, shrubbery, foliage, grass, ground cover or other natural growth shall be permitted when in conformance with the provisions of this chapter; Chapter 360 of this Code, relating to stormwater management; Chapter 370 of this Code, relating to subdivision and land development; Chapter 392 of this Code, relating to shade trees; and/or other relevant chapters of the Code of the Borough of Paxtang. Violations and penalties associated with cutting and clearing of vegetation include:
(a)
Forestry activities of timber harvesting and/or logging shall comply with Article XVI of this chapter relating to forestry.
(b)
The cutting of trees and/or clearing of vegetation within a required buffer yard as required in this Article XII relating to buffer and screening regulations is prohibited. Only the removal and replacement of damaged/deceased trees and/or vegetation is permitted. Grubbing activity is permitted where the purpose is to improve the appearance of the lot.
In all zoning districts, all lots shall front on and have direct
access to improved streets and shall be subject to the following criteria:
A.
Each proposed new lot and principal building shall abut one of the
following:
(1)
A public street right-of-way, excluding alleys, with at least 24
feet of right-of-way;
(2)
A street, excluding alleys, proposed to be dedicated to the Borough
by the subdivision plan which created such lot; or
(3)
An existing (at date of adoption of this chapter) private street,
excluding alleys, which meets all of the requirements of a public
street.
B.
The erection of a principal building on any lot which existed at
the time of the enactment of this chapter and does not have lot frontage
on a public street right-of-way, excluding alleys, shall be permitted
if the applicant provides proof of access to the property in the form
of a legal document recorded at the Dauphin County Recorder of Deeds.
If the existing document does not address access rights and maintenance
responsibilities between the landowner and affected parties, or if
no such document exists, a new document shall be recorded that does
address these issues. In addition, the landowner shall enter into
a binding legal agreement with the Borough, prepared by the Borough
Solicitor, outlining the responsibility of each party as it pertains
to the private right-of-way.
In all zoning districts, for all uses other than single-family
dwellings and two-family dwellings, waste handling and material disposal
methods and procedures shall be subject to the following criteria.
The following detailed information is required to be submitted concerning
waste handling and material disposal methods and procedures:
A.
Listing of all materials to be used and/or generated on the site;
B.
Listing of all wastes generated on the site, including but not limited
to food and greases, animal wastes, solid wastes, medical wastes,
and hazardous wastes, etc.; and
C.
Evidence shall be provided indicating that the disposal of all materials and wastes shall be accomplished in a manner that complies with Chapter 353 of this Code, relating to solid waste, as well as any county, state and federal regulations. Such evidence shall, at a minimum, include copies of working plans for the cleanup of litter and recycling showing exterior trash and recycling receptacles that are provided amid any outdoor display and/or sales area, parking lot facilities open to the public, and other outside public areas designed and proposed for patrons and customers of the use. Such receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.
In all zoning districts, the number of principal uses and/or
principal structures permitted per lot shall be subject to the following
criteria:
A.
A lot in the TN Zoning District, MNB Zoning District, DT Zoning District and/or commercial/industrial districts may include more than one permitted principal use per lot, provided a plan has been recorded in compliance with Chapter 370 of this Code, relating to subdivision and land development; and:
(1)
For developments with more than one principal use in one building,
the most restrictive of the uses' area/design features of the applicable
zoning district shall apply to the building (as opposed to applying
each of the requirements to each use as if each use was located on
each individual lot), but each use shall comply with all other applicable
requirements of this chapter including parking and signs as though
each use were located on an individual lot.
(2)
For developments with more than one principal use in more than one
building, the area/design features of the applicable zoning district
and all other requirements of this chapter shall apply to all the
uses on a single lot as if all of the uses are one development (as
opposed to applying each of the requirements to each use as if each
use was located on each individual lot).
(3)
The lot may include a condominium form of ownership of individual
buildings, with a legally binding property owner or other similar
type of association, if the applicant proves to the satisfaction of
the Zoning Officer, based upon review by the Borough Solicitor, that
there will be appropriate legal mechanisms in place and compliance
with applicable state law.
B.
A lot in the residential districts, PAC Zoning District, and/or a lot used for residential purposes shall not include more than one permitted principal use nor more than one principal building, except as provided below, and each of the use's area/design features of the applicable zoning district and all other requirements of this chapter, as though each use were located on an individual lot, are met, and a plan has been recorded in compliance with Chapter 370 of this Code, relating to subdivision and land development:
(1)
A mobile/manufactured home park, condominium residential development,
single-family attached dwelling, or multifamily dwelling development
may include more than one principal building per lot, provided all
other requirements of this chapter are met.
(2)
The lot may include a condominium form of ownership of individual
dwelling units, with a legally binding homeowners' or other association,
may be established if the applicant proves to the satisfaction of
the Zoning Officer, based upon review by the Borough Solicitor, that
there will be appropriate legal mechanisms in place and compliance
with applicable state law.
In all zoning districts, ornamental ponds are permitted, subject
to the following criteria:
B.
Ornamental ponds shall comply with all accessory use and structure
setbacks for the zoning district in which they are located.
C.
All such ponds shall be maintained so as not to pose a nuisance by
reason of odor or the harboring of insects and/or vermin.
D.
Water shall not be discharged from an ornamental pond directly onto
any public right-of-way or within 10 feet of any adjacent property
without the applicable owner's consent.
E.
Ornamental ponds shall not be located over a drainage, utility or
access easement.
F.
No such pond shall be used for the commercial hatching of fish or
other aquatic species.
G.
Otherwise, ornamental ponds not meeting the requirements set forth in Subsection A above, in addition to the standards in this section, shall also comply with the requirements of Article XII of this chapter, relating to swimming pools, private household, and Chapters 160, relating to buildings, and 310, relating to property maintenance.
In all zoning districts, unless otherwise permitted elsewhere in this section or Article III of this chapter, relating to use tables, and Article XVI of this chapter, outdoor storage and outdoor stockpiling shall be permitted, subject to the following criteria:
A.
Outdoor storage and outdoor stockpiling shall not include the sale of any bulk materials such as goods, material and merchandise offered for sale to customers. Otherwise, it shall be considered outside sales and display and shall comply with the provisions set forth elsewhere in this Article XII and in Article XVI of this chapter, relating to outside display and sales.
B.
Outdoor storage and outdoor stockpiling shall not occupy any part
of the existing or future street right-of-way, including sidewalks
and alleys, required off-street parking areas, buffer yards or any
other areas specifically prohibited as set forth in this chapter.
C.
In the residential districts, mixed use districts, and other districts:
(1)
On lots used for single-family dwellings and two-family dwellings,
the outdoor storage and stockpiling of:
(a)
Personal material, except firewood, for more than one year shall
be prohibited. In all instances, outdoor stockpiling of personal material
shall not be located in the front yard between the principal building
and the public street, excluding alleys, or within any required front
setback. All such stockpiling shall comply with accessory use and
structure yard and setback requirements for the applicable zoning
district.
(b)
Nonpersonal material including goods, junk, material or merchandise
associated with and generated by an off-site business or nonresidential
establishment shall not be permitted.
(2)
On nonresidential use, mixed use and other residential dwelling types,
other than listed in this subsection above, the outdoor storage and
stockpiling of bulk items, including but not limited to goods, material,
equipment, merchandise, junk, waste, discarded or salvaged material,
machinery, equipment or automobile, truck or other vehicle parts shall
not be permitted. All related storage shall be within a completely
enclosed building.
(3)
Outdoor storage and outdoor stockpiling shall not be located in the
front yard between the principal building and the public street, excluding
alleys, nor within any required front, side or rear setback.
D.
In the commercial/industrial districts:
(1)
All bulk items, materials and activities not within completely enclosed
buildings shall be surrounded by a fence or wall at least six feet
in height and provided with screening in accordance with article xii
of this chapter, relating to buffer and screening regulations, with
no less than 100% opacity. Any gate in a fence shall be similarly
constructed and maintained and shall be kept securely locked at all
times when the establishment is not in operation.
(2)
The outdoor storage and outdoor stockpiling may be located in the
front yard between the principal building and the public street, excluding
alleys, but shall not be located within any required yard or setback.
(3)
In order to prevent dust, erosion and excessive water flow across streets or abutting property, all areas used for outdoor storage and stockpiling shall be graded for proper drainage and shall be improved with a durable and dustless surface, such as concrete or bituminous concrete surface, unless an alternative material and/or design is part of a readily accepted stormwater BMP, in accordance with Chapter 360 of this Code, relating to stormwater management; Chapter 370 of this Code, relating to subdivision and land development, or any other construction materials specifications adopted by the Borough and approved by the Borough Engineer.
(4)
All items and materials stored as part of outdoor storage and stockpiling
shall be kept in an orderly fashion to permit access by emergency
responders.
E.
Compost.
(1)
The placement of compost as an accessory use to a residential use
of a lot is permitted, subject to all accessory use, building and
structure setbacks of the applicable zoning district. Only waste materials
from the residential use of the lot shall be deposited within the
compost, and in no case shall meat or meat by-products, dairy products,
or bones be composted. All compost shall be properly maintained so
as not to become a nuisance to nearby properties.
In all zoning districts, all uses (as applicable) shall be subject
to the following performance standards:
A.
All projects that require the additional use of new facilities or
essential services, such as sewers, storm drains, fire hydrants, potable
water, public streets, streetlighting and similar services, shall
obtain such approval as required by the agency providing such service
prior to project approval. No availability of essential services shall
be permitted to be grounds for denying permits for additional development
until such services are available. The jurisdiction is not obligated
to extend or supply essential services if capacity is not available.
If capacity is available, the extension of services shall be by and
at the cost of the developer, unless the jurisdiction agrees otherwise.
All service extensions shall be designed and installed in full conformance
with the jurisdiction's standards for such service and shall be subject
to review, permit and inspection as required by other policies or
ordinances of the jurisdiction.
B.
All uses shall be subject to and comply with the following regulations,
where applicable.
(1)
Vibration. Ground vibration inherently and recurrently generated
on the lot and detectable without instruments on any adjacent lot
shall be prohibited, except that temporary vibration as a result of
construction or vehicles which enter or leave the lot (e.g., trucks,
trains, airplanes, helicopters, etc.) shall be permitted. Otherwise,
all of the applicable rules and regulations of the Pennsylvania Department
of Environmental Protection (DEP) shall be complied with.
(2)
Noise.
(a)
Noise from nonresidential uses which are determined to be objectionable
because of volume, frequency or beat shall be muffled or otherwise
controlled in accordance with the Borough's Code relating to noise.
For purposes of this standard, all nonresidential uses shall comply
with the standards in Table 12-3, Noise Standards:
|
Table 12-3
Noise Standards
| |||
|---|---|---|---|
|
Land Use or Zoning District Receiving Noise
|
Hours/Days
|
Maximum Sound Level*
| |
|
At a lot line of an existing residential use in the residential
districts or mixed use districts
|
7:00 a.m. to 9:00 p.m., other than Sundays, Christmas Day, Thanksgiving
Day, New Year's Day, Labor Day, Memorial Day, 4th of July
|
60 dBA
| |
|
9:00 p.m. to 7:00 a.m., plus all day Sunday, Christmas Day,
Thanksgiving Day, New Year's Day, Easter Sunday, Labor Day, Memorial
Day, 4th of July
|
52 dBA
| ||
|
At any other lot line
|
All times and days
|
70 dBA
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Or 10 decibels above ambient noise in any one hour, whichever
is higher.
| |
(b)
Noise is measured from the lot line. The ambient sound measurement,
known as "A-weighted sound level," is taken where the noise from the
nonresidential use cannot be heard, or when the use is not in operation
and, therefore, not producing noise. The ambient sound level shall
be considered the level that is exceeded 90% of the time when the
noise measurements are taken.
(c)
The maximum permissible sound level limits set forth in the
above table shall not apply to any of the following noise sources:
[1]
Sound needed to alert people of an emergency.
[2]
Repair or installation of utilities or construction of structures,
sidewalks or streets between the hours of 7:00 a.m. and 8:00 p.m.,
except for clearly emergency repairs, which are not restricted by
time.
[3]
Household power tools and lawn mowers between the hours of 8:00
a.m. and 9:00 p.m.
[4]
Agricultural activities, including permitted agricultural operations,
but not exempting a commercial kennel.
[5]
Public celebrations specifically authorized by the Paxtang Borough
Council or a county, state or federal government agency or body.
[6]
Unamplified human voices or the sound of a single animal.
[7]
Routine ringing of bells and chimes by a place of worship or
Borough clock.
[8]
Vehicles operating on a public street, railroads and aircraft.
(3)
Air pollution and airborne emissions. No pollution of air by fly
ash, dust, vapors or other substance shall be permitted which is harmful
to health, animals, vegetation or other property or which can cause
spoiling of property. Otherwise, all of the applicable rules and regulations
of DEP shall be complied with.
(4)
Odors. No malodorous gas or matter shall be permitted which is discernible
at any and all property lines of the subject property on which the
odor source is located.
(5)
Water pollution. Water pollution shall be subject to the standards
established by the Pennsylvania Fish and Boat Commission (FBC), DEP
and the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1
et seq., or as amended.
(7)
Glare and heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in accordance with this Article XII, relating to buffer and screening regulations, in such a manner as to make such glare or heat completely imperceptible from any point along the property line. No heat from any use shall be sensed at any property line to the extent of raising the ambient temperature of air or materials more than 5° F. Any operation or activity that produces glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandles measured at the property line. Otherwise, all of the applicable rules and regulations of DEP shall be complied with.
(8)
No use or operation shall be permitted which creates a public nuisance
or hazard to adjoining property by reason of fire, explosion, radiation
or other similar cause. Additionally, all uses and operations shall
comply with the following:
(a)
Electromagnetic interference. In all zoning districts, no use,
activity or process shall be conducted which produces electric and/or
magnetic fields which adversely affect public health, safety and welfare,
including but not limited to interference with normal radio, telephone
or television reception and/or transmission off the premises where
the activity is conducted.
(b)
Fire and explosive hazards. Fire protection and firefighting equipment, procedures and safety protocols acceptable to the Borough fire standards, National Fire Protection Association, Chapter 160 of this Code, relating to buildings and fire prevention, and other applicable chapters of the Code of the Borough shall regulate hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the occupancy of a structure or premises.
(c)
Toxic and hazardous substance storage. Storage of toxic and
hazardous substance shall meet the requirements of the DEP, Pennsylvania
Department of Labor and Industry (L&I), and/or the United States
Environmental Protection Agency (USEPA).
(9)
Outdoor lighting. Outdoor lighting is permitted, subject to the following
criteria:
(a)
All outdoor lighting fixtures, including but not limited to
those used for parking areas, buildings, building overhangs, canopies,
signs, billboards, displays and landscaping, shall be full cutoff
type fixtures.
(b)
Full cutoff fixtures shall be installed and maintained so that
the shielding is effective so that all light emitted is projected
below a horizontal plane running through the lowest light-emitting
part of the fixture.
(c)
Automobile-oriented uses, including but not limited to automobile,
boat, heavy equipment, mobile/manufactured home, recreational vehicle
and similar motor vehicle rental/sales, repair/service, washing and/or
fuel/gas sales and drive-through facilities shall install recessed
ceiling fixtures in any canopy.
[1]
Any canopy over fuel/gasoline pumps shall have a maximum distance
between the ground level and the underside of the canopy of 20 feet.
If the ground level is sloped, or the canopy is sloped to deflect
noise and soot away from neighboring properties, then a portion of
the canopy may have a greater height, provided that the maximum height
is 20 feet at the portion of the canopy that is closest to an adjacent
street.
(d)
Where permitted, signs that are wholly illuminated from within
and freestanding signs that are externally illuminated with an exposed
lamp not exceeding 25 watts do not require shielding.
(e)
Light trespass over a nonresidential or mixed-use property line
shall be limited to no more than 0.5 footcandle measured at the property
line. All on-site lighting of buildings, lawns, parking areas and
signs shall be designed so as not to shine onto any adjacent property
or building or to cause glare onto any public street right-of-way
or vehicle thereon.
(f)
Measurement.
[1]
Light levels shall be measured in footcandles with a direct
reading, portable light meter. Readings shall be taken only after
the cell has been exposed long enough to take a constant reading.
[2]
Measurements shall be taken at the lot line, along a horizontal
plane at a height of 3 1/2 feet above the ground.
(g)
All nonessential outdoor lighting fixtures, including parking,
sign, display and aesthetic lighting, shall be turned off after business
hours. Only lighting needed for safety or security may remain lit
after close of business, in which case the lighting shall be reduced
to the minimum level necessary.
(i)
Exemptions.
[1]
Decorative outdoor lighting fixtures with bulbs of less than 25 watts, installed seasonally, are exempt from the requirements of Subsection B(9)(h) above.
[2]
Overhead streetlighting, warning, emergency and traffic signals are exempt from the requirements of Subsection B(9)(h) above.
(10)
In order to determine whether a proposed use will conform to
the requirements of this section, Paxtang Borough may obtain a qualified
consultant's report, whose cost for services shall be borne by the
applicant.
In all zoning districts, unless provided elsewhere in Chapter 121 of this Code, relating to animals, the outdoor keeping of pets is permitted, subject to the following criteria:
B.
The keeping of pets outdoors and any related structure shall not
create a serious nuisance (including noise or odor), a health hazard
or a public safety hazard. The owner of the pet(s) shall be responsible
for collecting and properly disposing of all fecal matter from pets.
C.
The keeping of pets outdoors and any related structure shall comply
with the yard and setback requirements for accessory structures in
the applicable zoning district.
In all zoning districts, all lots shall be subject to the following
criteria:
In all zoning districts, the routine maintenance, repair and
servicing of personal, passenger or recreational motor vehicles, including
go-carts and racing vehicles, and other similar motor vehicles that
are owned or leased by the owner and/or occupant of the residential
use, is permitted as an accessory use to the residential use, when
the owner and/or occupant is performing such services outside of a
building, subject to the following criteria:
A.
All vehicles shall be maintained with current, valid license plates
and inspection stickers (when applicable), and shall be kept in operable
condition.
B.
All work shall be performed on the vehicle owner's or lessee's property
of residence.
C.
Work shall be limited to the following:
(1)
Servicing and replacement of spark plugs, batteries, distributors,
distributor parts and brakes;
(2)
Repair and replacement of tires and wheels, excluding recapping or
regrooving;
(3)
Replacement of water hoses, fan belts, brake fluids, transmission
fluid, oil filters, air filters, oil, grease, light bulbs, floor mats
and carpeting, seat covers, seat belts, windshield wipers, mirrors
and engine coolants;
(4)
Repair and replacement of car radios, CD players, amplifiers, speakers,
and similar electronic devices;
(5)
Cleaning and flushing of radiators only when flushed into watertight
containers;
(6)
Repair and replacement of fuel pump and line repairs;
(7)
Minor servicing and adjustments;
(8)
Minor motor adjustments that do not involve the removal of the heads
or replacement of head gaskets or crankcases or the prolonged revving
of the motor;
(9)
Minor body repairs, excluding the replacement of body parts, the
complete repainting of the body and the application of undercoating;
(10)
Cleaning of all exterior and interior surfaces, including washing,
shampooing, vacuuming, ribbing, polishing, waxing and the application
of paint sealants.
D.
All by-products or waste fuels, lubricants, chemicals and other products
shall be properly disposed of.
E.
No vehicle shall be stored in a "jacked-up" position, on concrete
blocks or other similar type of lift or support equipment, for more
than 72 consecutive hours in a seven-day period when located in the
front yard between the principal building and the public street, excluding
alleys, nor within any required setback, unless completely covered
with a "car cover" (an item designed, manufactured, sold and intended
to be used to cover motor vehicles).
F.
All exterior work or that work being completed outside of a completely
enclosed building shall be performed during daylight hours. Otherwise,
all maintenance, repair and servicing operations occurring during
times other than the hours of between 8:00 a.m. and 8:00 p.m. shall
be conducted within a completely enclosed building and completely
undetectable from adjacent properties through soundproofing the building.
G.
Neither of the following shall be maintained or repaired upon residential
lots in the residential districts nor mixed use districts:
In all zoning districts, the sale of personal, passenger or
recreational motor vehicles is permitted, subject to the following
criteria:
A.
Owners and/or occupants of the lot may display a maximum of two personal
passenger or recreational motor vehicles titled to the landowner or
occupant of the building or lot for sale at any time. Such displays
shall be for a maximum of 60 days not more than twice a calendar year.
Two signs, a maximum of six square feet each, may be displayed per
vehicle. All such vehicle sale activities shall be in accordance with
applicable state regulations.
C.
Otherwise, it shall be considered motor or automobile, heavy equipment and similar motor vehicle sales and shall comply with all applicable provisions set forth in Article XVI of this chapter, relating to automobile, boat, heavy equipment, mobile/manufactured home, recreational vehicle, and other similar motor vehicle rental/sales, repair/servicing, washing and/or fuel/gasoline sales.
In all zoning districts, satellite dish antennas are permitted,
subject to the following criteria:
A.
Consideration shall be given to the physical characteristics of the
surrounding neighborhood, the property, the location of existing structures,
and the feasibility of obtaining reception, in the siting of satellite
dish antennas.
B.
Satellite dish antennas may be located on accessory structures, such
as garages or sheds.
D.
Satellite dish antennas attached to a structure shall be sited at
least eight feet above adjoining ground level.
E.
Satellite dish antennas should employ colors that tend to mask their
appearance and that are appropriate to the colors of structures upon
which they are mounted.
F.
All detached, ground-mounted and freestanding satellite dish antennas
shall comply with the yard and setback requirements for accessory
structures in the applicable zoning district.
G.
In no case shall satellite dish antennas project into any public
right-of-way (including streets, alleys, sidewalks, etc.).
H.
I.
Notwithstanding the standards in this section, these standards shall
not conflict with or supersede any rule or regulation relating satellite
dishes as governed by the Federal Communications Commission under
the federal Telecommunications Act of 1996.
In all zoning districts, private household outdoor swimming
pools are permitted, subject to the following criteria:
A.
All swimming pools shall comply with the requirements of Chapter 160 of this Code, relating to swimming pools and buildings.
B.
No swimming pool shall be permitted to be located in the front yard
between the principal building and the public street, excluding alleys,
or within any required front setback.
C.
Swimming pools shall be set back a minimum of five feet from any
lot line, and any associated decking shall comply with accessory structure
and use yard and setback requirements for the applicable zoning district.
D.
Water shall not be discharged from a swimming pool directly onto
any public right-of-way or within 10 feet of any adjacent property
without the applicable owner's consent.
E.
Pools shall not be located over a drainage, utility or access easement.
F.
All on-site, outdoor lighting shall be designed to prevent glare to adjoining properties by employing hooded, shielded or screened fixtures that confine glare to the site and shall comply with all provisions for lighting in Article XII of this chapter relating to performance standards for all uses.
G.
These standards shall not apply to "kiddie" or "wading" pools, or
pools designed with pool walls not capable of holding water at a depth
of more than 24 inches of water.
In all zoning districts, the following temporary structures
are permitted on a temporary basis, subject to the following criteria:
A.
Temporary construction sheds and trailers are permitted on a temporary
basis, subject to the following criteria:
(1)
Temporary construction sheds and trailers shall be permitted only
during the period that the construction work is in progress. A permit
for the temporary structure shall be obtained from the Zoning Officer
prior to the commencement of construction and shall be renewed every
180 days.
(2)
Temporary construction sheds and trailers shall be located on the
lot on which the construction is progressing and shall not be located
within 10 feet of any lot line abutting an existing residential use.
(3)
Temporary construction sheds and trailers shall be used only as temporary
field offices and for storage of incidental equipment and supplies
and shall not be used for any dwelling use.
(4)
Temporary construction sheds and trailers may be permitted to be
used as a temporary sales center for residential lots. The maximum
gross floor area of such a temporary sales center shall be 500 square
feet.
B.
Temporary, nontraditional storage units, including those commercially
known as "pods" or enclosed containers of a box trailer, with or without
wheels, are permitted on a temporary basis, subject to the following
criteria:
(1)
Temporary, nontraditional storage units shall be permitted for a
maximum period of 60 consecutive days in any one calendar year. This
period may be extended upon written request to the Zoning Officer
for a period not exceeding 180 days.
(2)
Temporary, nontraditional storage units shall comply with the yard
and setback requirements for accessory structures in the applicable
zoning district.
(3)
No temporary, nontraditional storage units shall be used for permanent
storage.
C.
The temporary storage of portable dumpsters and bulk materials, including
but not limited to stone, mulch, firewood, and building materials,
within the public right-of-way of a street under the jurisdiction
of the Borough shall be permitted in all zoning districts, subject
to the following conditions:
(1)
The temporary storage shall not exceed 48 hours, unless otherwise
approved by the designated Police Chief or designee.
(2)
(3)
The location of the storage shall be directly in front of the lot
and shall not extend in front of adjacent lots without the applicable
owner's consent.
(4)
All items (objects and material) associated with the temporary storage
shall be marked or otherwise designated with reflective material,
lighted, or by other material or method acceptable to the Police Chief
sufficient to identify the outline of the object or material.
In all zoning districts, required yard and setback exceptions
and alterations are permitted, subject to the following criteria:
A.
Projections into required yards and/or setbacks.
(1)
Covered and uncovered stoops less than 30 square feet, and related
awnings and hand railings, may project into required yards or setbacks
not more than five feet.
(2)
Patios, terraces, decks and other similar uncovered structures, provided
the structure elevation shall not be more than three feet above the
yard grade, may extend or project into required side or rear yard
or setback not more than five feet as long as there is a minimum of
five feet remaining between the structure and the lot line.
(3)
Cornices, eaves, sills or other similar architectural features, such
as gutters, bay windows, window awnings, chimneys or similar structures,
including solar energy systems, attached to the wall of any building
may extend or project into any required yard or setback not more than
three feet.
(4)
Exterior stairways, fire escapes or other required means of egress,
ground-mounted doors for basement access, or other similar structures
that do not include space usable by persons may extend or project
into a side or rear yard or setback of a lot not more than five feet
as long as there is a minimum of five feet remaining between the structure
and the lot line.
(5)
Covered porches and those porches with enclosed habitable spaces
shall be considered as part of the principal building and shall not
extend or project into any required yard or setback.
(6)
Exterior walkways, sidewalks, stairs and related hand railings, window
wells and such other structures customarily incidental to the principal
or accessory building may extend or project into any required yard
or setback of a lot, provided the structure height shall be not more
than 12 inches above the yard grade. The maximum structure height
shall not apply to related hand railings.
(7)
For all handicapped ramps, landings and other features necessary to provide entrance and accessibility to a building which project into any required yard or setback, see Chapter 160 of this Code, relating to buildings and the reasonable accommodation provisions set forth in Article XVII of this chapter relating to administration.
B.
Yard and setback alterations.
(1)
Front yard and setback. Except as otherwise provided in this chapter,
on a lot proposed for development, where the required front setback
regulations for the applicable zoning district are greater than the
actual distances that the existing buildings on abutting lots are
set back from the street right-of-way, the required front yard and
setback may be altered to be similar to those distances between existing
principal buildings and the street right-of-way on the abutting lots,
in accordance with the following standards:
(a)
Identify the existing principal buildings on the lots abutting
the lot proposed for development. Calculate the average setback distance
between the existing principal buildings and the street rights-of-way
line(s) on the abutting lots.
[1]
If an abutting lot is vacant, the required setback of the abutting
vacant lot shall be assumed to be the minimum front setback standard
regulated in the applicable zoning district.
[2]
For corner lots, this value shall be calculated using each abutting
lot, which includes those abutting lots having frontage on and the
existing principal buildings oriented toward the intersecting street.
(b)
The front building setback for the building on the lot proposed
for development shall be no closer toward and no farther away from
the street right-of-way than the front building line of existing buildings
on abutting lots, unless all buildings on the abutting lots have the
same building setback distance.
[1]
Front building facades and/or covered front porches shall be
permitted to fulfill this requirement.
(c)
No building shall extend into any street right-of-way.
